On May 15, 2012, the EPA filed a Consent Agreement and Final Order settling claims against Nielsen Brothers, Inc. (Nielsen Brothers) for violations of Section 311(b)(3) of the Clean Water Act, 33 U.S.C. 1321(b)(3). EPA Region 10 pursued this case concurrently with the State of Washington. Nielsen Brothers has agreed to pay a federal penalty of $11,000 to settle this matter. Nielsen Brothers will also pay a penalty of $6,000 to the State of Washington. The violation occurred on March 29, 2011, when a Nielsen Brothers truck veered into a ditch along State Road 9 in Whatcom County, Washington, resulting in a discharge of approximately 120 gallons of diesel.